Quantum United Management FAQ – General

What is an Owner's Corporation (previously body corporate)?

Answer: The lot you are consider buying may be part of an Owners Corporation. Whenever a plan of subdivision is lodged with the Titles Office of Victoria that creates common property, an Owners Corporation is incorporated. An Owners Corporation is responsible for managing the common property. A purchaser of a lot that is part of an Owners Corporation automatically becomes a member of the Owners Corporation when the transfer of that lot to the purchaser has been registered with Land Victoria. If you buy into an Owners Corporation, you will be purchasing not only the individual property, but also ownership of, and the right to use, the common property as set out in the plan of subdivision. This common property may include driveways, stairs, paths, roadways, vehicle gates, passages, lifts, common garden areas and other facilities set up for use by owners and Occupiers. In order to identify the boundary between the individual lot you are purchasing (for which the owner is solely responsible) and the common property (for which all members of the Owners Corporation are responsible), you should closely inspect the plan of subdivision.

What regulates an Owners Corporation in Victoria?

Answer: The Subdivision Act 1988, Owners Corporation Act 2006, Owners Corporation Regulations 2007, Model Rules (Schedule 2) and the Rules of the Owners Corporation regulate owners corporations in Victoria.

What should I do before I buy a property managed by an owners corporation?

Answer: Before buying a property managed by an owners corporate, you should find out more about the owners corporation. You can get a copy of the owners corporation certificate for that particular property. The owners corporation certificate is part of the vendors statement or section 32. It is the responsibility of the lot owner who is selling the property to ensure that the certificate is included in the section 32.

What is a plan of subdivison?

Answer: A plan of subdivison depicts the break up of a piece of land, showing parcels of land commonly called ‘lots’ that can be sold separately. The plan of subdivison for a property is registered at Land Victoria and an owners corporation is automatically created if the plan creates common property. The plan of subdivision defines and governs the ownership of land, building and airspace, setting out private lots, common property and each lots voting entitlements and financial contributions.

What is a prescribed owners corporation?

Answer: A prescribed owners corporation is one that has more than 100 lots or collects more than $200,000 in annual fees per financial year. A prescribed owners corporation must: establish a maintenance plan, have financial statements audited and obtain a valuation every five years of all buildings it is required to insure.

Question: What is a maintenance plan?

Answer: A maintenance plan covers planning and budgeting for future repairs and maintenance of the building. The maintenance plan sets out things such as: the major capital items that it will need to be repaired and/or replaced within the next ten years, th epresent condition of those items, when the items will need to be repaired or replaced, the estimated cost of the repair and replacement of those items and the expected life of those items once repaired or replaced.

Annual General Meetings

As a member will I receive notification about an owners corporations Annual General Meeting?

Answer: Yes you will. An owners corporation is required to provide a notice of an annual general meeting to each lot owner at least 14 days before the meeting. Notices may be sent electronically. The notice must include the date, time, location of the meeting. The general nature of business or any resolutions to be discussed or decided at the meeting. The text of any special or unanimous resolutions to be decided at the meeting, the financial statements, proposed budget and a statement that a lot owners have a right to appoint a proxy.

Am I able to vote if I am in arrears?

Answer: No. The Owners Corporation Act requires that any members who owes any fees or charges is unable to vote at an AGM, unless it is a special or unanimous resolution.

If my lot is in in joint names, am I still eligble to vote if the other owner/s is not present or if I do not have a proxy from them?

Answer: No. If a lot is in joint names all owners need to be in attendance for the lot to have a vote, or one of the owners must have a proxy from the other onwer/s to be eligble to vote.

Committees

Is my owners corporation required to have a Committee?

Answer: An owners corporation with 13 or more lots must elect a committee at each annual general meeting. Owners corporations with less than 13 lots may elect a committee.

Membership of a Committee

Answer: A committee must have at least 3 or not more than 12 members. The members must be lot owners or hold a proxy for a member. Once elected a Committee hold office until a new Committee is elected. A Committee is elected at an annual general meeting. Members who have any amounts owing to the owners corporation is not eligible to be elected as a Committee member.

What are the duties of a Committee member?

Answer: A member of a committee must: Act honestly and in good faith, exercise due care and diligence, not make improper use of his or her position as a member to gain, directly or indirectly an advantage for themselves or for any other person and report to the owners corporation at each annual general meeting.